OFFENCES AGAINST PERSONS: OFFENCES ENDANGERING LIFE OR HEALTH

TOPIC OF THE DAY

- DEFINITION

- ACTUS INTENDED TO CAUSE HARM

- WOUNDING ACT

- GRIEVOUS HARM

Definition

Offences against persons encompass a range of criminal acts that directly harm or pose a threat to the physical or mental well-being of individuals. Within this category, offences endangering life or health are particularly serious, as they involve actions that can lead to significant injury, suffering, or even death. These offences are primarily codified in the Criminal Code Act and the Penal Code Act of Nigeria, depending on the jurisdiction (southern or northern states, respectively).

Actus Intended to Cause Harm

"Actus intended to cause harm" refers to the physical action or conduct by a perpetrator that is intentionally directed at causing injury or distress to another person. In the context of Nigerian law, such acts can range from physical assault to more severe forms of violence. See section 351 of the Criminal Code Act which deals with common assault, which is the application of force to another person without lawful justification and section 252 of the Penal Code which defines assault and criminal force, prescribing penalties for individuals found guilty of such acts and also the case of Iwueke v. State (2000) 2 NWLR (Pt. 645) 505 where the court held that for an act to constitute an assault, there must be an application of force, however slight, upon another person without their consent.

Wounding Act

A wounding act involves inflicting a physical injury that breaks the skin or causes significant tissue damage. This is a more serious form of assault, often categorized separately due to the severity of the harm caused. See section 332 of the Criminal Code Act which addresses unlawful wounding, stipulating that any person who unlawfully wounds another is guilty of a felony and section 246 of the Penal Code which provides for punishment for voluntarily causing hurt and also the case of Omotola v. State (2009) 15 NWLR (Pt. 1164) 564 where the court held that the prosecution must prove that the defendant inflicted an injury that caused a break in the continuity of the skin to establish the offence of wounding.

Grievous Harm

Grievous harm refers to serious bodily injury that causes permanent disfigurement, loss of function of any limb or organ, or substantial impairment of health. This is considered one of the most severe forms of offences against persons. See section 335 of the Criminal Code Act which defines grievous harm and prescribes severe penalties for anyone found guilty of causing such harm and section 248 of the Penal Code which deals with voluntarily causing grievous harm and outlines the penalties for such an offence and see also the case of Michael v. State (2008) 13 NWLR (Pt. 1104) 361 where the court defined grievous harm as harm that is both serious and long-lasting, requiring the prosecution to show that the injury inflicted had a substantial and enduring impact on the victim's health.